Balaraman.A v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE A.Balaraman ... Petitioner /Vs./ 1.The District Collector, Madurai District, Madurai.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Board, Madurai District.
3.The Executive Officer / Assistant Commissioner, Arulmigu Subramania Swamy Thirukovil, Thirupparankundram, Madurai.
4.The Tahsildar, Thirupparankundram Taluk, Madurai.
5.The Sub Registrar, Thirupparankundram, Madurai.
... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 5th respondent to act accordingly in registering any documents pertaining to the land belonging to the petitioner in R.S.No.136/1C to an extent of 1 acre 88 cents the middle south side 5 cent in Door No.16/17, Subulakshmiillam, Vanchinathannagar, Sundhar Nagar, Thirunagar, Madurai within the time frame fixed by this Court. For Petitioner : Mr.T.Palanisamy For R1, R4 & R5 : Mr.S.Shanmugavel Additional Government Pleader For R2 : Mr.P.Subbaraj Special Government Pleader For R3 : Mr.S.Manohar Standing Counsel 1/3
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the fifth respondent to register the sale deed presented by the petitioner for registration in respect of the property comprised in R.S.No.136/1C to an extent of 1 acre 88 cents the middle south side 5 cent in Door No.16/17, Subulakshmiillam, Vanchinathannagar, Sundhar Nagar, Thirunagar, Madurai, based on the petitioner's representation dated 05.04.2022, within a time frame to be fixed by this Court.
2.According to the petitioner, he is the absolute owner of the aforementioned property. He has produced documents along with this writ petition including house tax receipts and electricity bill. It is for the respondents to consider the same on merits and in accordance with law.
3.The learned Additional Government Pleader appearing for the respondents 1, 4 and 5, on instructions, would submit that the subject property is a temple property. The learned counsel appearing for the third respondent would also submit that the subject property belongs to the third respondent. 4.No prejudice would be caused to the official respondents, if the petitioner's representation seeking for registration of the sale deed is considered on merits and in accordance with law, after affording a fair hearing to the petitioner, the third respondent as well as any other necessary party, whom the fifth respondent, deems fit to enquire.
5.For the foregoing reasons, this Court directs the fifth respondent to consider the petitioner's representation dated 05.04.2022 seeking for registration of the sale deed in respect of the property comprised in R.S.No.136/1C to an extent of 1 acre 88 cents the middle south side 5 cent in Door No.16/17, Subulakshmiillam, Vanchinathannagar, Sundhar Nagar, Thirunagar, Madurai, and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, the third respondent as well as any other necessary party, whom the fifth respondent deems fit to enquire, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 2/3
To:
1.The District Collector, Madurai District, Madurai.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Board, Madurai District.
3.The Tahsildar, Thirupparankundram Taluk, Madurai.
4.The Sub Registrar, Thirupparankundram, Madurai.
+1 CC to M/s.S. MANOHAR, Advocate ( SR-20031[F] dated 21/04/2022 ) +1 CC to M/s.T. PALANISAMY, Advocate ( SR-20150[F] dated 21/04/2022 ) +1 CC to M/s.SPL.GP ( SR-20085[F] dated 21/04/2022 & SR-20455[F] dated 22/04/2022 ) 20.04.2022 MGJ(10.05.2022) 3P 8C 3/3